Miranda Misconceptions of Criminal Detainees: Differences Based on Age Groups and Prior Arrests

Abstract

Knowing and intelligent Miranda waivers remain the cornerstone of our 5th Amendment right against self-incrimination in the United States. Until recently, however, Miranda-related research and practice have focused almost entirely on comprehension of proffered warnings and waivers as opposed to identifying ingrained misconceptions that affect how detainees process this input. The current archival investigation brings together data on Miranda misconceptions for more than 799 detainees in the United States, ranging from 11–67 years of age. Miranda misconceptions were systematically examined on the Miranda Quiz (MQ) and parallel items of the Juvenile Miranda Quiz (JMQ) across four age groups (i.e., younger juveniles, older juveniles, emerging adults, and adults) with varying histories of prior arrests. As expected, the two adult groups had fewer Miranda misconceptions than the two juvenile groups. Contrary to widespread assumptions, serious Miranda misconceptions commonly occur, even among detainees with intact verbal abilities and those with extensive arrest histories.